We are required by law to inform you that the terms and conditions are in English and that we will communicate with you in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
1. About the DayViewer Online Service Terms of Service
Within these Web Services Terms of Service ("Terms") the term "DayViewer" or "we" will refer to DayViewer Ltd, and their affiliates that own and operate Websites and Internet services on their behalf. The term "you" refers to you as a user of DayViewer Website or Services. These Terms & Conditions of use cover:
These Terms set forth the terms and conditions through which DayViewer will permit you to use these DayViewer website and services:
the Website "www.dayviewer.com" the DayViewer and other software and services provided directly or indirectly by DayViewer, including those services made available through application programming interfaces ("APIs") and services offered through third parties integrating DayViewer functionality, collectively the "DayViewer Service").
2. Accepting These Terms
In order for you to use any of the DayViewer Services, you must first agree to abide by the Terms. You can accept these Terms by:
Checking the box next to "I have read and agree to the Terms of Service" (or similar language); or Using the DayViewer Service, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them).
It is recommended prior to using the DayViewer Services, you should print or save a local copy of the Terms for your records.
In order to use the DayViewer Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to DayViewer will be accurate, correct, and current.
4. Prohibited Uses
You specifically agree not to:
5. Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the DayViewer Services. Accordingly, you agree that you will be solely responsible to DayViewer for all activities that occur under your DayViewer accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify DayViewer immediately.
6. Privacy and Your Personal Information
7. Content on the DayViewer Services
The DayViewer Services will allow you to access information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the "Content"). This Content may be owned by DayViewer, other companies that give DayViewer the right to distribute their Content (like movie publishers), or users of the DayViewer Services (like you). DayViewer grants you a limited license to view the Content and to use the DayViewer Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the DayViewer Services, you may not distribute copies of the Content in any form (including by e-mail or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by DayViewer in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
8. User Submissions
Some of the material appearing on the DayViewer Services will be provided by users. DayViewer does not claim ownership of any material that users submit or post on the DayViewer Services. You agree that you are solely responsible for (and that DayViewer has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the DayViewer Services, and for the consequences of your actions (including any loss or damage which DayViewer may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the DayViewer Services, you will not: (i) include any content that violates a third party's copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the DayViewer Services (with the exception of within DayViewer Project Service see below) , you hereby grant DayViewer a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the DayViewer Services or the promotion of the DayViewer Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to DayViewer the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the DayViewer Services or terminate your DayViewer Services account, this license will automatically expire, with a few limited exceptions. DayViewer may retain, but will not actively use, copies of your data that were archived in the normal course of DayViewer's database backups. In addition, copies of content that you have shared with other users of the DayViewer Services may be retained by DayViewer and associated with those other users' accounts in order to provide them with the DayViewer Services. DayViewer does not assert any ownership over content that you post to the DayViewer Services; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all content you post to the DayViewer Services and any intellectual property rights or other proprietary rights associated with the content.
Special Note: When using DayViewer Project, we will never reproduce, publicly show or distribute your content posted in this part of the DayViewer system, this is because we respect the confidentiality that is required when posting business sensitive information and content.
The DayViewer Services may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various DayViewer Services. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, other editorial sections of the DayViewer Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. DayViewer retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. DayViewer further reserve the right to delete or remove any content from the forums or blogs without prior notice or liability.
DayViewer reserves the right, but does not assume any obligation, to review any user submission prior to its display on the DayViewer Services using automated tools or manual processes. DayViewer may refuse to display or remove any user submission from the DayViewer Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
DayViewer welcomes your feedback about the DayViewer Services. DayViewer asks that you limit your feedback to the DayViewer Services. Any communications you send to DayViewer are deemed to be submitted on a non-confidential basis and become the sole property of DayViewer. DayViewer may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by DayViewer shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
10. Proprietary Rights
You acknowledge and agree that DayViewer (or DayViewer's licensors) own all legal right, title, and interest in and to the DayViewer Services, including any intellectual property rights which subsist in the DayViewer Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with DayViewer, nothing in the Terms gives you a right to use any of DayViewer's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with DayViewer, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and DayViewer's brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by DayViewer, you agree that in using the DayViewer Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the DayViewer Sites
DayViewer welcomes links to the homepages of any of the DayViewer Sites. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by DayViewer. DayViewer does not permit framing or inline linking to the DayViewer Sites or any portions of them.
12. License from DayViewer
DayViewer gives you a worldwide, non-assignable and non-exclusive license to use the DayViewer Services for your personal, and commercial use on the terms and conditions described in these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the DayViewer Services as provided by DayViewer, in the manner permitted by the Terms.
13. Discontinuing Use of DayViewer
Discontinuing Use of the DayViewer Services and Termination of the Terms;
Provisions That Remain in Effect after Termination
The Terms apply to all users of the DayViewer Services. You can discontinue your use of the DayViewer Services so that these Terms no longer apply to you. Registered Users If you use any of the DayViewer Services (or parts of those services) as a registered user, you may terminate your registered user account at any time. Doing so will delete your account and, because you can no longer use the service associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, DayViewer reserves the right to restrict, suspend, or terminate your registered user account for any or all of the DayViewer Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions. Sections 8, 10, 13 through 16, and 22 of these Terms will survive termination, and shall continue to apply indefinitely.
14. EXCLUSION OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE DAYVIEWER SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DAYVIEWER SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE DAYVIEWER SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DAYVIEWER SERVICES.
THE DAYVIEWER SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DAYVIEWER AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DAYVIEWER SERVICES, NOR DO THEY GUARANTEE THAT THE DAYVIEWER SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DAYVIEWER SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DAYVIEWER (INCLUDING ANY SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE DAYVIEWER SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME US STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF DAYVIEWER AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF DAYVIEWER (INCLUDING ANY SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DAYVIEWER SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO DAYVIEWER FOR THE USE OF THE DAYVIEWER SERVICES.
You agree to indemnify, defend, and hold harmless DayViewer (including any subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the DayViewer Services. DayViewer reserves the right, at its election to assume the exclusive defence and control of any matter subject to indemnification by you and you agree to cooperate with DayViewer in connection with our defence.
17. Copyright Infringement
DayViewer is committed to complying with international copyright and related laws, and requires all users of the DayViewer Services to comply with these laws. Accordingly, you may not use the DayViewer Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.K. copyright law.
18. Other Sites
The DayViewer Services may contain links to other sites. Some of these other sites may be co-branded with DayViewer branding and may look like features of the DayViewer Services, but these Websites and resources are provided by companies or persons other than DayViewer. DayViewer does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that DayViewer is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these Websites or resources. You acknowledge and agree that DayViewer is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these Websites or resources.
19. Changes to the Terms
DayViewer reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, DayViewer will make a copy of the updated Terms available at this web page.
DayViewer will make the updated Terms available to you before they take effect. You understand and agree that if you use the DayViewer Services after the date on which the Terms take effect; DayViewer will treat your use as acceptance of the updated Terms.
DayViewer, the DayViewer design logo, is a registered trademark or service mark of DayViewer Ltd. All other trademarks and service marks appearing on the DayViewer Services are the properties of their respective owners.
21. Special Note
Dayviewer is not intended for use by, and should not be used by, children under the age of 13. You may not use www.dayviewer.com if you are under the age of 13, or to solicit information from children under the age of 13.
22. General Legal Terms
The Terms constitute the whole legal agreement between you and DayViewer Ltd and govern your use of the DayViewer Services, and completely replace any prior agreements between you and DayViewer in relation to the DayViewer Services.
You agree that DayViewer may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the DayViewer Services website.
You agree that if DayViewer does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DayViewer has the benefit of under any applicable law), this will not be taken to be a formal waiver of DayViewer's rights and that those rights or remedies will still be available to DayViewer. DayViewer complies with the local laws or regulations of the United Kingdom. The DayViewer Services are intended to be appropriate for use worldwide in any jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and DayViewer Ltd will not be liable for any breach of local law or regulation as a result of using the DayViewer services. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.